Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana, Volume 28Levey Bros. & Company, Contractor for the State, 1902 - Law reports, digests, etc With tables of cases reported and cited, and statutes cited and construed, and an index. |
Other editions - View all
Common terms and phrases
alleged amount answer appellant appellee appellee's assignment of errors Assn averred Benninghoff bond brakeman Burns cause of action charge Circuit Court claim conclusions of law construction contract contributory negligence conveyance counsel court erred cross-complaint damages decedent deed demurrer duty employe estoppel evidence ex rel execution facts fee simple feet filed fraud guardian heirs held highway Indiana Indianapolis instructions interrogatories Judge Judgment affirmed judgment for plaintiff jury land lant's lease liability lien lumber ment mortgage negligence notice overruling owner paid paragraph parties payment pellant pellee Pennsylvania Co Pittsburgh plaintiff pleading premises purchase question quiet title railroad company real estate reason record rendered reversed Ruiter rule Section special finding statute street sufficient supra Supreme Court sureties sustained Terre Haute thereof thereto tion township track train trial court trustee verdict West Lebanon wife witness
Popular passages
Page 35 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 578 - ... assigned, granted, or surrendered, unless it be by deed, or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
Page 505 - ... subject to all claims which the state may have thereon for taxes or other liens or incumbrances...
Page 356 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 674 - One of the tests that a contract has been impaired is, that its value has by legislation -been diminished. It is not by the Constitution to be impaired at all. This is not a question of degree or manner or cause, but of encroaching in any respect on its obligation, — dispensing with any part of its force.
Page 481 - The trial resulted in a verdict and judgment in favor of appellee for $500.
Page 102 - I do also authorize and empower him if it shall become necessary in order to pay my debts to sell by private sale or in such manner upon such terms of credit or otherwise as he may think proper all or any part of my real estate and deeds to purchasers to execute acknowledge and deliver in fee simple.
Page 423 - In an action brought to recover a balance due upon a mutual, open and current, account where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 53 - ' a statement of the facts constituting the cause of action, in ordinary, and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended.
Page 434 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.